Removing ex from House Deeds

DevonAngel

Hi all

I had a financial consent order passed through the court that my husband was to come off the mortgage deeds in return for a financial settlement. He has received the finances but when my solicitor furnished the mortgage company with the documents they wrote back to say that they could not do this as they had no policy in place to do this. This is despite them informing me on numerous occasions to just go ahead and get the paperwork done and sent to them. I have taken them to the Financial Ombudsman who has ruled in my favour that they misinformed me on numerous occasions and that they should pay me £300 compensation but she has said because they were not names specifically in the financial consent order she cannot force them to remove him. Can I take this back to the divorce court and get them to amend the order and if they do will they have to obey this ruling ? Any help please could b appreciated.

Guest101

What? Your lender isn't party to the divorce.


you need a new mortgage, in your name. It's as simple as that.

peachyprice

It seems your solicitor may have mis-lead you.

You have to apply for a mortgage in your name only, to do so you have to fit the eligibility criteria for your mortgage company or go elsewhere, that is the only way to remove someone from a mortgage. The mortgage company are not obliged to change a mortgage to your name only unless you can prove that you can pay it.

Removing from the deeds is a different thing entirely, that you can do through the land registry.

onomatopoeia99

The opening post is confusing, because "mortgage deed" can refer to the charge placed on the house deeds at the land registry by a lender that secures a loan against a property - that's secured against the property not against the individuals, though the individuals are liable for the debt.

It's not entirely clear what the OP is asking or what they are trying to achieve. It seems likely (but by no means certain) that the OP needs to do two things:

Complete the relevant land registry documents to remove the ex from the house deeds. The ex will also have to sign, be witnessed etc. Generally a solicitor can handle this.
Take out a mortgage in their sole name to pay off the joint mortgage and any amount owing to their ex to buy them out (although "he has received the finances" in the opening post suggests this part might already have been paid).


If the original poster comes back and explains, it would be helpful.